DHYAN SINGH KALAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred u/s 374 (2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P. C.) is directed against the judgment and order dated 9th March 1988 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial no. 23 of 1987 State vs. Dhyan Sing whereby the learned Sessions Judge has convicted the appellant/accused Dhyan Singh and sentenced him to undergo four years4 rigorous imprisonment for the offence punishable u/s 363 Indian Penal Code, 1860 (hereinafter referred to as the I. P. C.) five years4 rigorous imprisonment for the offence punishable u/s 366 I. P. C. , five year4s rigorous imprisonment for the offence punishable u/s 376/511 I. P. C. and one year4s rigorous imprisonment for the offence punishable u/s 354 I. P. C. It was further directed that all the sentences shall run concurrently. And the learned Sessions Judge, vide this very judgment and order has acquitted the accused/appellant Dhyan Singh for the offence punishable u/s 366-A I. P. C.

(2.) IN brief, the prosecution case is this that on 08. 04. 1987 at about 7:00 a. m. P. W. 2 Km. Amupama Gupta, the victim, aged about 8 years4 who was a student of Class III in Saraswati Shishu Mandir, Tehri was ready in her school uniform. On the date of incident the complainant P. W. 2 Ram Avatar Prasad Gupta, father of the victim, was residing in the house of Virendra Dutt Saklani, Advocate at Mohalla Ahalkari, Tehri on rental basis. On the date of incident i. e. on 08. 04. 1987 Km. Anupama has gone for a walk from her house. In the meantime; the appellant-Dhyan Singh has enticed the girl and took her to little ahead towards back of the bushes and closed her mouth with his hands, thereafter the accused laid the victim at the earth in the bushes. When the girl could not come bake to her house then the complaint started searching her, alongwith his wife and the neighbours. On hearing noise; the appellant/accused started running away from the scene. Km. Anupana, in weeping condition came out of the bushes and told that the man who is running from the place of occurrence is the culprit who, after capturing her, had shut her mouth with his hands and took her in the bushes; he threatened her if she would make noises then he will kill her with a knife. The girl was afraid of and her mouth was shut, thus she was feeling suffocation. The nearby people had reached at the place of occurrence, therefore, the accused ran away from the scene. The complainant and the residents of Mohallas4 had chased and apprehended the accused/appellant at some distance in running condition near KABRISTAN. When the accused was apprehended, then he disclosed his name as Dhyan Singh Topwal S/o Kallam Singh Topwal, village Baurari, Patti Sahjulka, district Tehri Garhwal. It is further alleged in the written report that the accused/appellant had enticed the girl with the intention to commit rap on her. The complainant had taken the accused to the Police Station and lodged the First Information Report (Ext. Ka-1) in the Police Station Tehri, district Tehri Garhwal. On the basis of the written report the Chik First Information Report Ext. Ka-2 was prepared by Head Moharir Parmanand in the Police Station on 08. 04. 1987 at about 7:30 a. m. The distance of the place of occurrence is shown about = kms. from the Police Station. An entry was made in the General Diary, a copy of the G. D. is Ext. Ka-3.

(3.) THE investigation of the case was entrusted to P. W. 8 S. I. S. K. Tyagi. During the course of the investigation the Investigation Officer recorded statements of the witnesses and prepared a site-plan of the place of occurrence, which is Ext. Ka-4 on the record. The Investigating Officer after completing the investigation, has filed charge sheet on 10. 05. 1987 against the accused/ appellant Dhyan Singh for the offence punishable u/s 363,366,376,511 I. P. C. The charge sheet is Ext. Ka-9 on the record.